Superior 2009

GASP of Colorado (Group to Alleviate Smoking Pollution)

Ordinance Grade: 1

Some local laws have provisions that are stronger than the Colorado Clean Indoor Air Act and provide better protection from exposure to secondhand smoke at work and in public places. GASP of Colorado rates local laws compared to the state law on a scale of zero to five. The highest and best rating is a five (click here for an explanation of our rating system). Any stronger provisions in the state law take precedence over any weaker local provisions so the state law should be reviewed first through these links: smokefreecolorado.org or gaspforair.org.

This local law provides more protection from secondhand smoke than the state law in the following area(s):

Work Places: (none)

Employee Retaliation Prohibited: (none)

Restaurants and Bars: (none)

Building Entrances and Perimeters: (none)

Outdoor Places: (7-3-30-c)

Smoking in Public Places

Sec. 7-3-10. Definitions.

As used in this Article, the following terms shall have the following meanings:

Auditorium means the part of a public building where an audience gathers to attend a performance, and includes any corridors, hallways or lobbies adjacent thereto.

Bar means an indoor area that is operated and licensed under Article 47 of Title 12, C.R.S., primarily for the sale and service of alcohol beverages for on-premises consumption and where the service of food is secondary to the consumption of such beverages.

Cigar-tobacco bar means a bar that generates at least five percent (5%) or more of its total annual gross income or fifty thousand dollars ($50,000.00) in annual sales from the on-site sale of tobacco products and the rental of on-site humidors, not including any sales from vending machines.

Employee means a person who: performs any type of work for the benefit of another in consideration of direct or indirect wages or profit; or provides uncompensated work or services to a business or nonprofit entity; and includes every person described in this definition, regardless of whether such person is referred to as an "employee," "contractor," "independent contractor" or "volunteer" or by any other designation or title.

Employer means a person, partnership, association, corporation or nonprofit entity that employs one (1) or more persons and includes, without limitation, the legislative, executive and judicial branches of state government; any county, city and county, city or town or instrumentality thereof, or any other political subdivision of the State, special district, authority, commission or agency and any other separate corporate instrumentality or unit of state or local government.

Entryway means the outside of the front or main doorway leading into a building or facility that is not exempted under Section 7-3-30 below, and includes the area of public or private property within a fifteen-foot radius outside of the doorway.

Environmental tobacco smoke or secondhand smoke means the complex mixture formed from the escaping smoke of a burning tobacco product, also known as sidestream smoke, and smoke exhaled by the smoker. Food service establishment means any building or portion thereof in which the principal business is the sale of food for on-premises consumption, including, without limitation, restaurants, cafeterias, coffee shops, diners, sandwich shops and short-order cafes. 7-14

Indoor area means an enclosed area or portion thereof, provided that the opening of windows or doors or the temporary removal of wall panels does not convert an indoor area into an outdoor area. Place of employment means an indoor area or portion thereof under the control of an employer in which employees of the employer perform services for, or on behalf of, the employer.

Proprietor means the owner, operator or person in charge of any place regulated by this Chapter. Public building means a building owned or operated by: the State, including the legislative, executive and judicial branches of state government; the Town or an instrumentality thereof; or any other separate corporate instrumentality or unit of state or local government.

Public meeting means a meeting open to the public pursuant to state law.

Smoke-free work area means an indoor area in a place of employment where smoking is prohibited.

Smoking means the burning of a lighted cigarette, cigar, pipe or any other matter or substance that contains tobacco. Tobacco means cigarettes, cigars, cheroots, stogies and periques; granulated, plug-cut, crimp- cut, ready-rubbed and other smoking tobacco; snuff and snuff flour; Cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts, refuse scraps, clippings, cuttings and sweepings of tobacco; other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or for smoking in a cigarette, pipe or otherwise, or both for chewing and smoking; and cloves and any other plant matter or product that is packaged for smoking.

Tobacco business means a sole proprietorship, corporation, partnership or other enterprise engaged primarily in the sale, manufacture or promotion of tobacco, tobacco products or smoking devices or accessories, either at wholesale or retail, and in which the sale, manufacture or promotion of other products is not merely incidental.

Work area means an area in a place of employment where one (1) or more employees are routinely assigned and perform services for or on behalf of their employer. (Ord. O-6 §1, 2006; Ord. O-9 §1, 2009)

Sec. 7-3-20. General smoking restrictions.

(a) Except as provided in Section 7-3-30 below, and in order to reduce the levels of exposure to environmental tobacco smoke, smoking shall not be permitted and no person shall smoke in any indoor area, including but not limited to:

(1) Public meeting places.

(2) Elevators.

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(3) Government-owned or -operated means of mass transportation, including but not limited

to buses, vans and trains.

(4) Taxicabs and limousines.

(5) Grocery stores.

(6) Gymnasiums.

(7) Jury waiting and deliberation rooms.

(8) Courtrooms.

(9) Child day care facilities.

(10) Health care facilities, including hospitals, health care clinics, doctors' offices and other health care-related facilities.

(11) Any place of employment that is not exempted, provided that, in the case of employers who own facilities otherwise exempted, each such employer shall provide a smoke-free work area for each employee requesting not to have to breathe environmental tobacco smoke, so that every employee shall have a right to work in an area free of environmental tobacco smoke.

(12) Food service establishments.

(13) Bars.

(14) Indoor sports arenas.

(15) Restrooms, lobbies, hallways and other common areas in public and private buildings, condominiums and other multiple-unit residential facilities.

(16) Restrooms, lobbies, hallways and other common areas in hotels and motels, and in at least seventy-five percent (75%) of the sleeping quarters within a hotel or motel that are rented to guests.

(17) Bowling alleys.

(18) Billiard or pool halls.

(19) Facilities in which games of chance are conducted.

(20) The common areas of retirement facilities, publicly owned housing facilities and nursing homes, not including any resident's private residential quarters.

(21) Public buildings.

(22) Auditoria. 7-16

(23) Theaters.

(24) Museums.

(25) Libraries.

(26) To the extent not otherwise provided in Section 25-14-103.5, C.R.S., public and nonpublic schools.

(27) Other educational and vocational institutions.

(28) The entryways of all buildings and facilities listed in Paragraphs (1) to (27) hereof.

(b) A cigar-tobacco bar shall not expand its size or change its location from the size and location in which it existed at the time this Article was enacted. A cigar-tobacco bar shall display signage in at least one (1) conspicuous place and at least four (4) inches by six (6) inches in size, stating:

"SMOKING ALLOWED, CHILDREN UNDER EIGHTEEN (18) YEARS OF AGE MUST BE ACCOMPANIED

BY A PARENT OR GUARDIAN."

(c) Smoking shall not be permitted and no person shall smoke in the outdoor eating area of any food service establishment. (Ord. O-6 §1, 2006; Ord. O-9 §1, 2009)

Sec. 7-3-30. Exceptions.

The following are exempt from the smoking prohibitions in Section 7-3-20 above:

(1) Private homes, private residences and private automobiles; except that this exception shall not apply if any such home, residence or vehicle is being used for child care or day care or if a private vehicle is being used for the public transportation of children or as part of health care or day care transportation.

(2) Limousines under private hire.

(3) A hotel or motel room rented to one (1) or more guests if the total percentage of such hotel or motel rooms in such hotel or motel does not exceed twenty-five percent (25%).

(4) Any retail tobacco business.

(5) A cigar-tobacco bar.

(6) The outdoor area of any business; however, pursuant to Subsection 7-3-20(c) above, smoking shall not be permitted in the outdoor eating area of a food service establishment.

(7) A place of employment that is not open to the public and that is under the control of an employer that employs three (3) or fewer employees. 7-17

(8) A private, nonresidential building on a farm or ranch, as defined in Section 39-1-102, C.R.S., with annual gross income of less than five hundred thousand dollars ($500,000.00). (Ord. O-6 §1, 2006; Ord. O-9 §1, 2009)

Sec. 7-3-40. Additional prohibitions.

(a) The owner or manager of any place not specifically listed in Section 7-3-20 above, including a place otherwise exempted under Section 7-3-30 above, may post signs prohibiting smoking or providing smoking and nonsmoking areas. Such posting shall have the effect of including such place, or the designated nonsmoking portion thereof, in the places where smoking is prohibited or restricted pursuant to Section 7-3-20.

(b) If the owner or manager of a place not specifically listed in Section 7-3-20, including a place otherwise exempted under Section 7-3-30, is an employer and receives a request from an employee to create a smokefree work area as provided by Paragraph 7-3-20(a)(11), the owner or manager shall post a sign or signs in the smoke-free work area as provided in Subsection (a) above. (Ord. O-6 §1, 2006; Ord. O-9 §1, 2009)

Sec. 7-3-50. Signs.

(a) To advise persons of the existence of "no smoking" or "smoking permitted" areas, the proprietor or person in charge of any place specifically listed in Section 7-3-20 above shall post a sign with letters not less than one (1) inch high or symbols not less than three (3) inches high, using the words "No Smoking" or the international "No-smoking" symbol, conspicuously at eye level, either at all public entrances or in a position clearly visible on entry into the public place.

(b) Other signs may be used upon approval by the Town Manager. (Ord. O-6 §1, 2006; Ord. O-9

§1, 2009)

Sec. 7-3-60. Restrictions on the sale of tobacco.

(a) No person shall furnish to any person who is under eighteen (18) years of age, by gift, sale or any other means, any cigarette or tobacco product.

(b) No person shall sell or offer to sell any cigarette or tobacco product by use of a vending machine.

(c) It is an affirmative defense to a charge of violating Subsection (a) hereof that the person furnishing the cigarette or tobacco product was presented with and reasonably relied upon a document which identified the person receiving the prohibited items as being eighteen (18) years of age.

(d) It is a specific defense to a charge of violating Subsection (b) hereof that the vending machine was located in a place of work not open to the public where persons under eighteen (18) years of age are not permitted. (Ord. O-6 §1, 2006; Ord. O-9 §1, 2009)

Sec. 7-3-70. Unlawful acts; penalty.

(a) It is unlawful for a person who owns, manages, operates or otherwise controls the use of a premises subject to this Article to violate any of its provisions.

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(b) It is unlawful for a person to smoke in an area where smoking is prohibited pursuant to this

Article.

(c) Any person who is convicted of violating any provision of this Article shall, upon conviction, be punished by a fine of not more than four hundred ninety-nine dollars ($499.00) for each separate offense and may be enjoined from any further or continued violation thereof. Each day of violation shall constitute a separate offense. (Ord. O-6 §1, 2006; Ord. O-9 §1, 2009)